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1. Of the instant lawsuits, KRW 289,124,846 and damages for delay from June 13, 2018 to the date of full payment shall be paid.
Reasons
1. Basic facts
A. The Plaintiff was a de facto marital relationship with C, who is his/her father and wife, from around 2006 to around 2010.
B. On March 3, 2008, the Defendant purchased 17,300,000 square meters prior to the Jeonbuk-gun, Changwon-gun (hereinafter “instant land”) from D on 17,30,000, and newly built a detached house on the ground above the instant land from July 2008 to November 2008 (hereinafter “instant house”), and completed the registration of initial ownership on December 1, 2008 under the Defendant’s name.
C. On July 6, 2010, after the de facto marital relationship with the Plaintiff was terminated, C filed a lawsuit against the Plaintiff seeking the payment of the said loan under the Incheon District Court 2010Gahap11428, and received a favorable judgment from the said court on November 2, 2010, by asserting that he lent KRW 113,00,000 to the Plaintiff on a total nine occasions from October 20, 2006 to August 6, 2009.
In this regard, the Plaintiff appealed as Seoul High Court 2010Na116329, but was sentenced to the dismissal of appeal on August 12, 2011, and the said judgment became final and conclusive on September 2, 201.
C) On June 8, 2018, as Incheon District Court 2018TTT 2018TT 510655, the amount claimed was KRW 289,124,846, and the Incheon District Court 2010TT 11428 filed a claim against the Defendant based on the executory exemplification of the judgment in the loan case (hereinafter “instant judgment money claim”) and issued a collection order for the seizure and collection of the claim (hereinafter “instant seizure and collection order”) against the Defendant in the instant lawsuit filed by the Plaintiff against the Defendant. The above seizure and collection order was served on the Defendant on June 12, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 through 7, 9, 16 through 19 (including numbers for those with a serial number; hereinafter the same shall apply), Eul evidence Nos. 1, 4, and 5, video and the purport of the whole pleadings
2. Judgment on the main defense of this case
A. The gist of the main defense of this case is KRW 289,124,846, among the instant loans that the Plaintiff sought against the Defendant.